The working time of a professional driver is a strictly regulated issue. Find out how much the driver’s maximum working time should be – daily, weekly and fortnightly. Read also about the changes to the driver’s time accounting system.

  • Driving, especially heavy goods vehicles, always involves danger – driver’s hours regulations minimise the risk of accidents caused by fatigue.
  • Drivers are bound by daily, weekly and fortnightly driving time limits. These can only be exceeded in special cases.
  • The time records of a driver of a lorry, bus or other vehicle over 3.5 tonnes must contain the data specified in the legislation.

Synopsis:

The maximum working time for a driver is limited by limits, set in terms of a day, a week and a two-week period. Exceeding these limits is allowed only in strictly defined cases, such as a car breakdown or the rescue of life, health or property. For overtime, the employee is entitled to a salary supplement or compensation in the form of time off. The employer is also bound by restrictions as to how the driver’s working time is accounted for.

Working time of a professional driver: essential concepts

In order to understand the content of the Drivers’ Hours Act, it is first necessary to know the legal definition of the following terms:

Interruptions while driving

The break (the so-called driver’s pause) is at least:

  • 30 minutes, when the number of working hours is between 6 and 9 hours,
  • 45 minutes when the number of working hours exceeds 9 hours.

The driver’s activity break may be divided into shorter periods of at least 15 minutes each.

Overtime

Overtime work means:

  • work performed in excess of the driver’s working time standards applicable to the employee,
  • work performed in excess of the daily extended working hours resulting from the working time system and schedule in force for professional drivers.

Overtime is permitted if:

  • incidents requiring action by the driver to protect life, health or property,
  • the need to rectify the fault,
  • legitimate special needs of the employer (in this case, the number of overtime hours worked by the driver may not exceed 260 hours per calendar year).

Employees are entitled to a 50% or 100% overtime allowance and this is paid in addition to their salary. A driver may receive time off in lieu of additional pay for overtime hours worked.

Night time

If the work is performed during night time (between midnight and 7am), the driver’s working time must not exceed 10 hours.

Working time of professional drivers and regulations

The working time of drivers with an employment contract and entrepreneurs carrying out transport in person is regulated by the following provisions:

  1. Act of 16 April 2004 on drivers’ working time,
  2. Regulation 561/2006/EC of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport.

The regulations on drivers’ working time apply to drivers of vehicles with a maximum permissible weight of 3.5 tonnes. This includes lorries and buses.
Bus, coach and lorry drivers are road users. The lives of other drivers depend on their physical and mental condition. Therefore, a driver’s working time is not limited to driving. It also includes:

  1. forwarding activities,
  2. day-to-day operation of the vehicle and trailers, such as loading and unloading,
  3. supervising the loading and unloading carried out by third parties,
  4. the time spent by the employee waiting for loading and unloading,
  5. the securing of the goods,
  6. necessary administrative formalities,
  7. during the work of the bus driver: supervision of persons boarding and alighting.

Interestingly, driving time includes not only the actual driving time, but also the driver’s pause – the 15-minute break he is entitled to.

The guidelines described below take into account the so-called Mobility Package 2023 – these are changes phased in until 2026 that have significantly affected the determination of drivers’ working time, weekly rest or night work.

Maximum working time for a professional driver

As a general rule, a driver’s working time must not exceed:

  • 9 hours a day,
  • an average of 45 hours in a five-day working week over an approved reference period not exceeding four months.

Driver’s daily working time

A 24-hour day should be understood as 24 consecutive hours, starting from the hour when the employee starts work according to his/her working time schedule.

A working day is therefore an uninterrupted period of 24 hours in which the driver performs work, has a break and takes a rest.

The daily working time of a driver from the end of one daily rest period to the beginning of the next or between a daily and weekly rest period may not exceed 9 hours. However, according to the regulations, the driving time may be extended to 10 hours – twice in each calendar week.

After this driving time, the driver should take at least 11 hours of rest. The daily rest may be taken in a stationary vehicle if it is equipped with a sleeping area.A 24-hour day should be understood as 24 consecutive hours, starting from the hour when the employee starts work according to his/her working time schedule.

A working day is therefore an uninterrupted period of 24 hours in which the driver performs work, has a break and takes a rest.

The daily working time of a driver from the end of one daily rest period to the beginning of the next or between a daily and weekly rest period may not exceed 9 hours. However, according to the regulations, the driving time may be extended to 10 hours – twice in each calendar week.

After this driving time, the driver should take at least 11 hours of rest. The daily rest may be taken in a stationary vehicle if it is equipped with a sleeping area.

Driver’s weekly working time

Driver weekly working time regulations are strictly regulated by EU standards, which aim to ensure road safety.

The working week starts at 00:00 on Monday and ends at 24:00 on Sunday. During this time, the driver may not drive more than 56 hours, i.e. 8 hours per day. However, the concept of driving time is not the same as the working time of a professional driver. The working time of a professional driver can be 60 hours per week. This means that for the remaining 4 hours he can perform other professional duties.

Regular weekly rest periods

Within each period of weekly driving time, the driver shall be entitled to at least 35 hours of uninterrupted rest. The weekly uninterrupted rest shall include the daily rest falling on the day on which the driver began his weekly rest.

Driver’s bi-weekly working time

A driver may work 2 weeks consecutively, which is more than the weekly 56 hours. However, the driver’s total working time must not exceed 90 hours. Thus, if the driver uses 56 hours in the first week, he will only have 34 hours left in the second week.

Latest legal changes to driver working time to ensure the safety of people

In 2022, the regulations, concerning drivers’ working time, have changed. The following regulations have been introduced:

  1. From 2 February 2022, a driver performing night work must not exceed 10 hours between two consecutive daily rest periods or daily and weekly rest periods.
  2. As from 1 March 2022, the amount of remuneration may not be based on the number of kilometres driven, the speed of delivery or the amount of cargo transported, if their application could jeopardise road safety or encourage infringement of Regulation (EC) No. 561/2006. This applies to both the employment contract and the contract of mandate for drivers.
  3. As of 29 May 2022, an updated Article 25 of the Drivers’ Hours Act is in force , changing the rules for accounting for driver working time.

The time records of the driver of a truck, bus, etc., kept in paper or electronic form, must include:

  • the number of hours worked and the start and end time,
  • the number of hours worked during night time,
  • number of overtime hours,
  • public holidays with an indication of their title,
  • the number of hours of on-call time and the start and end times of on-call time, indicating whether it is an on-call duty at home,
  • the nature and extent of exemptions from work,
  • the nature and extent of other excused absences from work,
  • the extent of unexcused absences from work.

The above information is drawn up on the basis of:

  • records on record sheets,
  • printouts of data and files downloaded from the driver card and digital tachograph,
  • confirmation of the professional driver’s working time and the type of activity performed,
  • records compiled on the basis of these documents.

The employer is obliged to keep drivers’ time records for 10 years.

Consequences of violating the law on drivers’ working time

Violations of the drivers’ working time regulations result in serious consequences to ensure road safety and protect the health of drivers. The following summary outlines the main financial penalties for non-compliance with these regulations.

Consequences of violating the law on drivers’ working time

Violations of the drivers’ working time regulations result in serious consequences to ensure road safety and protect the health of drivers. The following summary outlines the main financial penalties for non-compliance with these regulations.

For example, let’s take fines for truck drivers in Poland, which are among the highest in Europe. 1 Polish zloty is equal to 0.25 euro cents.

Exceeding the daily driving time (more than 9 hours when driving was extended)

  • Over 15 minutes to less than 1 hour: PLN 50
  • About the time from 1 hour to less than 2 hours: PLN 150
  • For each commenced hour over 2 hours: PLN 200
  • For each commenced hour from 13 h 30 min (without break): PLN 550

Exceeding the daily driving time (more than 10 hours when allowed)

  • For less than 1 hour: PLN 100
  • About the time from 1 hour to less than 2 hours: PLN 200
  • For each commenced hour over 2 hours: PLN 250
  • For each commenced hour from 15 hours (without break): PLN 550

Exceeding the weekly driving time

  • Over 30 minutes to less than 4 hours: PLN 150
  • From 4 hours to less than 9 hours: PLN 250
  • About the time from 9 hours to less than 14 hours: PLN 350
  • For every hour started from 14 hours: 550 PLN

Exceeding the weekly driving time

  • For less than 10 hours: PLN 250
  • About the time from 10 hours to less than 15 hours: PLN 350
  • O time from 15 hours to less than 22 hours 30 min: PLN 550
  • For each commenced hour from 22 h 30 min: PLN 700

Reduction of the regular daily rest period

  • For up to 1 hour: 100 PLN
  • Over 1 hour up to 2 hours 30 min: PLN 200
  • For each commenced hour over 2 hours 30 min: PLN 350

Reduction of compulsory work breaks (working time from 6 to 9 hours)

  • For less than 10 minutes: PLN 50
  • Over 10 minutes to less than 20 minutes: PLN 100
  • For time from 20 minutes PLN 150

Reduction of compulsory work breaks (working time over 9 hours)

  • For less than 15 minutes: PLN 50
  • About the time from 15 minutes to less than 25 minutes: PLN 100
  • From 25 minutes: PLN 150

Falsification of documentation:

  • Falsification of working time records: PLN 8000
  • Falsification of documentation – entrepreneurs: PLN 8000

Testing of company-employed drivers

An employer who employs drivers must not only bear in mind the rules on maximum driver activity, night work or the weekly rest period, but also other important obligations, such as tests for professional drivers. These extensive tests help to minimise the risk of dangerous situations on the road. The rules on drivers’ working time and weekly rest periods not only serve the employees, but also protect other road users.

The driver’s working time is associated with limits to ensure road safety. The limits in force are spread over a 24-hour period, a week and a two-week period. Overtime can only be worked in three cases: in the event of an accident, to save life, health or property, or when the employer’s exceptional needs must be met. It is also important to remember when calculating a driver’s working time that it includes not only driving activities, but also loading, unloading and standby time.

Legal documents governing drivers’ working time

Regulation of the European Parliament and of the Council – establishes standards for driving times, breaks and rest periods in road traffic applicable in all EU member states, ensuring uniform standards and safety across the EU.

Tachograph mode of work of a truck driver in Europe. EU driver working time rules.